alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Edwin Bauer et al., Plaintiffs, *v.*Samuel Leider et al., Defendants.

Supreme Court, Special Term, Westchester County,

December 29, 1958.

*Benjamin Margolis*for plaintiffs.

*Irving Bosenfelcl*for defendants.

Frank H. Coyne, J.

In this action brought by plaintiffs to recover damages for an alleged diminution in the value of their *309respective properties resulting from an alleged violation of certain covenants and warranties, defendants move for an order requiring plaintiffs to separately state and number their respective causes of action.

The relief sought rests in the sound discretion of the court. Eule 90 of the Eules of Civil Practice is a practice rule, the purpose of which is to require the pleading to be in such form that the adverse party may make denials with certainty, and also aid in the preparation for trial. *(O’Hara*v. *Derschug,*232 App. Div. 31; *Carillon Ceramics Corp.*v. *Richmond Radiator Co.,*60 N. Y. S. 2d 559, affd. 270 App. Div. 833.) Section 212 of the Civil Practice Act provides that all persons may join or be joined in one action as plaintiffs or defendants if they assert, or if there is asserted against them any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all of them may arise in the action. However, as in the present instance, the proper joinder of plaintiffs having separate causes of action against defendant or defendants does not fuse the respective claims. The cause of action of each plaintiff must be separately pleaded as though embodied in a separate complaint, and each cause of action must stand or fall by itself. The result is a joint action, but not a joint cause of action.

Concededly, the individual property owners herein may join in the same action. However, this does not mean that all of their claims may be commingled in the one cause of action. The misrepresentations and covenant violations by defendants, if any, constitute separate and individual wrongs which must be redressed by a separate cause of action brought by each individual property owner. Clearly, it would be prejudicial if defendants were, obliged to answer the complaint as presently drafted. Prom a reading of the complaint it would appear that negotiations were carried on by one or the other of the defendants with the several plaintiffs, at different times, over a two-year period; that all contracts are not similar, and that varying defenses may be asserted against the respective plaintiffs. *(Brenner*v. *Title Guar. & Trust Co.,*276 N. Y. 230.)

Motion granted, and plaintiffs directed to serve an amended complaint separately stating and numbering the respective causes of action within 20 days after service of a copy of the order entered hereon.

Submit order on notice.
#### State v. Trells.

17900

12/26/96

Vacated and Remanded
23032

#### State v. Morgan

Affirmed
_________________________________________ 

 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

February 27, 2006 Clifford W. Taylor,

 Chief Justice 

128416 Michael F. Cavanagh 

Elizabeth A. Weaver (53) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, SHARON DONOHUE and KEVIN DONOHUE, Justices 

Plaintiffs-Appellants, 

v SC: 128416 

 COA: 249700 

Oakland CC: 02-041818-NZ 

INTERMODAL TRANSPORTATION 

SERVICES, INC., 

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court's order of 

December 9, 2005 is considered, and it is DENIED, because it does not appear that the 

order was entered erroneously. 

KELLY, J., would grant reconsideration and, on reconsideration, would grant leave 

to appeal. 

l0221 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 27, 2006 

Clerk
October 31, 1996

17811

#### Parenio v. Admin. Director

Order No. 96-32

Affirmed
May 9, 2003

24328

#### Scott v. Borg-Warner Protective Service Corp.

Affirmed
EXHIBIT 32

                CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Municipal Securities Purchase, Inc.
(the "registrant") on Form 10-Q for the period ended June 30, 2006, as filed
with the Securities and Exchange Commission on the date hereof (the "report"),
we, LeAnn Rogers and Peter Graham, Chairman and Vice President and Treasurer,
respectively, of the registrant, certify pursuant to 18 U.S.C. Section 1350,
that to our knowledge:

(1)      The report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934, as amended; and

(2)      The information contained in the report fairly presents, in all
         material respects, the financial condition and results of operations of
         the registrant.

July 24, 2006

/s/ LeAnn Rogers
----------------
LeAnn Rogers
Chairman
(Principal Executive Officer)



/s/ Peter Graham
----------------
Peter Graham
Vice President and Treasurer
(Principal Financial and Accounting Officer)
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund XII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  June 30,  2004 (the  "Report").  The
undersigned hereby certifies that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) the  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Partnership.

Date:  August 9, 2004                /s/ Robert A. Bourne
                                    --------------------------------------------
                                     Name:  Robert A. Bourne
                                     Title: President and Treasurer

                                    A signed original of this written  statement
                                    required by Section 906 has been provided to
                                    CNL  Income  Fund  XII,  Ltd.  and  will  be
                                    retained  by CNL Income Fund XII,  Ltd.  and
                                    furnished  to the  Securities  and  Exchange
                                    Commission or its staff upon request.
#### Norton v. Administrative Director of the Court, State

18615

1/12/96

Denied

80 Hawai'i, 197, 908 P.2d 545
#### State v. Junior

17790

11/25/96

Denied

83 Hawai'i 335, 926 P.2d 1258
1 Jo hn T. Boy d, Chief Justice (Ret.), S eventh Cour t of Appeals, sit

ting by assignment. Tex. Gov’ t Code Ann. §75.002( a)(1) (Vernon Supp. 2003). NO. 07-02-0475-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL E MARCH 19, 2003

______________________________ JUSTIN CORPUS, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 286 TH DISTRIC T COURT O F HOCKLEY CO UNTY; NO. 02-01-5222; HONORABLE A NDY KUPP ER, JUDGE

_______________________________ Before REAVIS and CAMPBELL, JJ., and BOYD, S.J. 1 ON ABATEMENT AND REMAND Appellant

Justin Corpus was convicted of murd er on October 15, 2002 , and sentence d to 40 years confinement in the Ins titutional D ivisio n of the Department o f2

Crimi nal Justice. Appellant ti mely perfected h is appeal. N othing further has been done to perfect the appea l. Although at the request of the dist rict clerk we have previously granted appellant an extension oftime to March 3, 2003, to allow appellant to ma ke arr an gements for payment of the r ecord, we have now received a notification from t he district clerk that ap pellant has not paid or made arr angements to pay

for the record. This state of the proc eedings requires us to abate the appea l and remand the case to the 286 th District

Court ofHockley Cou nty to con duct he arings as mandated by Tex as Rule of Appellate Procedure 37.3( a)(2) and 38.8. Upon remand, the judge of the tr ial court s hall immediatel y cause pr oper noticesto be given and conduct a heari ng to determin e: 1. If appellant still desires to pursue his appeal. 2. Ifappe llan t is in digen t and the a ppo intm ent o f an atto rney is nece ssary. 3. If it be determined that an attorne y should be appointed, the name, address, and State Bar of Te xas id e ntification number of the attorney appointed. 4. If appellant isnot indigent , whether h e has failed to make the ne cessary a rrangementsfor prosecuting his appeal, and, if he has not doneso, wha t orders are ne cessary to ensure those a rrangements a re made. 5. If any other orders are necessary to ensure the diligent and proper pursuit of appellant’s app eal. In support of its determina tions, the trial court shall prepare and file written findin gs of fact and conclusi on s of law and cause them to be includ ed in a supplemental clerk’s record. The hearing pr oceedings sh all be transc ribed and in cluded in a supp lemental3

r eporter’s record. These supplemental records shall be submitted to thi s cour t not late r than April 18, 2003. It is so or

dered. Per Curiam Do not publish

.
#### State v. Fujimoto

22446

04/13/2000

Affirmed
December 31, 1997

19082

#### State v. Trinidad

Affirmed
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from InfoNow's
Quarterly report to stockholders for the three months ended June 30, 2000, and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                                                                 <C>
<PERIOD-TYPE>                                                     6-MOS
<FISCAL-YEAR-END>                                           DEC-31-2000
<PERIOD-START>                                               JAN-1-2000
<PERIOD-END>                                                JUN-30-2000
<CASH>                                                             7217
<SECURITIES>                                                          0
<RECEIVABLES>                                                      1161
<ALLOWANCES>                                                          0
<INVENTORY>                                                           0
<CURRENT-ASSETS>                                                   8629
<PP&E>                                                             3501
<DEPRECIATION>                                                     1855
<TOTAL-ASSETS>                                                    10320
<CURRENT-LIABILITIES>                                              1520
<BONDS>                                                               0
<PREFERRED-MANDATORY>                                                 0
<PREFERRED>                                                           0
<COMMON>                                                              8
<OTHER-SE>                                                         8734
<TOTAL-LIABILITY-AND-EQUITY>                                      10320
<SALES>                                                            1814
<TOTAL-REVENUES>                                                   1814
<CGS>                                                              1081
<TOTAL-COSTS>                                                      3481
<OTHER-EXPENSES>                                                      0
<LOSS-PROVISION>                                                      0
<INTEREST-EXPENSE>                                                    4
<INCOME-PRETAX>                                                  (1,547)
<INCOME-TAX>                                                          0
<INCOME-CONTINUING>                                              (1,547)
<DISCONTINUED>                                                        0
<EXTRAORDINARY>                                                       0
<CHANGES>                                                             0
<NET-INCOME>                                                     (1,547)
<EPS-BASIC>                                                       (0.19)
<EPS-DILUTED>                                                     (0.19)



</TABLE>
October 13, 2008

27437

#### Stone v. Sun and Sea Realty, Inc.

Affirmed
EXHIBIT 32.1

               CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

       In connection with the Annual Report of Xstream Beverage Network, Inc.
(the "Company") on Form 10-KSB for the year ended December 31, 2005 as filed
with the Securities and Exchange Commission (the "Report"), I, Theodore
Farnsworth, Chairman, Chief Executive Officer, principal executive officer and
principal financial officer of the Company, certify, pursuant to 18 U.S.C. SS.
1350, as adopted pursuant to SS. 906 of the Sarbanes-Oxley Act of 2002, that:

       1.    The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

       2.    The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


                                       /s/ Theodore Farnsworth
                                       -----------------------
                                       Theodore Farnsworth
                                       Chairman, Chief Executive Officer,
                                       principal executive officer and principal
                                       financial officer
April 24, 2006
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May 13, 1997

19049

#### State v. Vellalos

Reversed
Exhibit 10.6


 


AMENDMENT TO EMPLOYMENT AGREEMENT


 


This AMENDMENT TO EMPLOYMENT AGREEMENT
(this “Amendment”) is dated May 1, 2018, by and between Nevada Gold & Casinos, Inc., a Nevada corporation
(the “Company”), and Michael P. Shaunnessy (“Employee”).


 


RECITALS


 


WHEREAS, the Company and Employee entered
into that certain Employment Agreement dated July 19, 2016 (the “Employment Agreement”); and


 


WHEREAS, the parties desire to make a
clarifying amendment to the Employment Agreement.


 


NOW THEREFORE, in consideration of the
mutual covenants and promises contained herein, the parties agree as follows:


 


1.       The
second sentence of Section 5(a) of the Employment Agreement is hereby deleted in its entirety and replaced with the following:


 


“In such case, Employer shall pay the Annual Salary
to Employee for a twelve month period following termination of employment plus a pro rata performance bonus and accrued but unused
vacation as of the date of termination. If Employee timely elects continuation coverage pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1986, as amended (“COBRA”) for Employee and his eligible dependents the Company will monthly
reimburse Employee for the COBRA premiums for such coverage for twelve months from the date of termination (the “Continuation
Benefit”).”


 


2.       The
second sentence of Section 5(b) of the Employment Agreement is hereby deleted in its entirety and replaced with the following:


 


“In the event of such a termination, Employer shall
pay to Employee in a lump sum (i) an amount equal to twelve months Annual Salary, (ii) a pro rata performance bonus and (iii) accrued
but unused vacation as of the date of termination. In addition, Employee will be entitled to the Continuation Benefit.”


 


3.       All
other terms of the Employment Agreement shall remain in effect.


 


[Signature Page Follows]


 




     


     


    

 


IN WITNESS WHEREOF, the parties have
executed this Amendment as of the day and year first above written.


 


	 	THE COMPANY:
	 	 
	 	NEVADA GOLD & CASINOS, INC.
	 	 
	 	BY: 	          
	 	 
	 	EMPLOYEE:
	 	 
	 	 
	 	Michael P. Shaunnessy
Exhibit








Exhibit 10.1


NON-EMPLOYEE DIRECTOR COMPENSATION


Cash Compensation
The annual cash compensation payable to non-employee directors of Adamas Pharmaceuticals, Inc. is as follows, payable quarterly in arrears:
	
				
	Retainer
	 
	Amount

	Board Member Compensation
	 
	 

	 
	Annual Board Member
	 
	$40,000

	 
	Additional Lead Independent Director
	 
	$22,500

	Additional Committee Chair Compensation
	 
	 

	 
	Audit Committee
	 
	$20,000

	 
	Compensation Committee
	 
	$14,000

	 
	Nominating and Corporate Governance Committee
	 
	$10,000

	Additional Committee Member (non-Chair) Compensation
	 
	 

	 
	Audit Committee
	 
	$10,000

	 
	Compensation Committee
	 
	$7,000

	 
	Nominating and Corporate Governance Committee
	 
	$5,000






Equity Compensation 
Non-employee directors also receive an initial equity award upon commencement of service as a board member; thereafter, each non-employee director will receive an annual equity grant on the date of the Adamas Pharmaceuticals, Inc. annual meeting. The form of award in each case is a non-qualified stock option. The initial award is an option to purchase 20,000 shares of Adamas Pharmaceuticals, Inc. common stock that will vest annually over three years of service. Each subsequent annual award is an option to purchase 10,000 shares of Adamas Pharmaceuticals, Inc. common stock that will vest after one year of service. Additionally, upon the closing of a change of control, the vesting of all outstanding equity awards held by non-employee directors will accelerate in full.
April 4, 2002

23562

#### State v. Greene

Affirmed
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Exhibit 32.1STATEMENT
PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Ian M.
Herman,  Chief Executive Officer and Chief Financial  Officer of Global Aircraft
Solutions,  Inc. (the "Company"),  certify,  pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)  
The Companys Annual Report on Form 10-K/A for the annual period ended
December 31, 2006 (the Report), which this statement accompanies,
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and

(2)  
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated,   April
30, 2007

| | /s/    Ian M.HermanIan
M. HermanChief Executive Officer
| | -------------------------------------------------------